Misuse of women's protection against domestic violencer
arun
(Querist) 25 November 2011
This query is : Resolved
slaping wife once does constitute violence under this act. what should be the nature of crime / violence. are there any countr judgements for misuse of WPDV act ?
Rajeev Kumar
(Expert) 25 November 2011
Yes it will come under DV
Guest
(Expert) 25 November 2011
agreed with supra experts
Devajyoti Barman
(Expert) 25 November 2011
Misuse of PWDV Act???
What do you think-slapping a wife should not be treated as domestic violence? Then what should be treated as DV?
If your prove such misuse in your case then your case would become a precedent.
Shonee Kapoor
(Expert) 25 November 2011
It is 323 of IPC
Also, liable for action under PWDVA, 2005.
Never use violence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arvind Sehdev
(Expert) 25 November 2011
Slapping wife should be treated as Domestic Violence....
Though I am totally against 498a, DV but some men ask for it....
Raising a hand on a woman is a sign of total cowardliness...
Just give her the silent treatment... But I suppose that shall amount to mental cruelty , again DV done...
So either way you are committing DV.... All you can do to escape DV and 498a is do nothing at all.... My advice to you agree with whatever she says.....
This law was made keeping in mind to stop the atrocities done on women in their daily lives and to prevent such violence and help maintaining a happy family.... but it backfired... women have such a huge weapon in hand that they now are firing it against their husbands for no reason....
Which couple doesnot fight [verbally ofcourse], all do. But giving women a law which they use on every problem they have with their husbands....
Sad...
Raj Kumar Makkad
(Expert) 26 November 2011
I do agree with the opinions of experts.
dev kapoor
(Expert) 26 November 2011
Hi all,
Let us analyse the question and the intention of the author in legal perspective.The author has asked "slapping wife ONCE...".
The relation of husband-wife is a pious one.There should not be any beating by the husband ,though the times are gone when some of used used to say ".....dore aur naari,yeh sab hait taaran k adhikari".Once sir,Leo Tolestoy has said, " Jis ghar me kalah nahi hoti us ghar me payaar nahi ho sakta".ONE SLAP,could bev the result of temporary deprivation of temper whereafter the husband would realise his make & may tender hundred apologis.Should there be prosecution under such circumstance.One slap to wife is really an act of assault but not an act of CRUELTY OR VIOLENCE in all probabilities.Why husband is to be punished for ONE SLAP even if he ir repentant throughout his life ?????
prabhakar singh
(Expert) 27 November 2011
While I may agree with Mr.Dev kapoor and also with Mr. Arvind Sehdev.
But I find it difficult to get my self in agreement with Mr.Dev kapoor with his interpretation of Goswami Tulsi Das Chaupayee which is:
"Dhol Ganwar Shoodra Pashu Naree ye sab hain Taran k adhikari"
Not only Mr.Dev kapoor but masses have misunderstood the real theme underlying in it.
Much criticism have been advanced against Goswami Tulsi Das due to lack of our own intellect in understanding his literature.
This literature is in local dialect. Misunderstanding or understanding of this Chaupayee depends on meaning of two words "Taran" and "Dhol" for both taken or mistaken.
Those mistaken adhere that meaning of "Taran" is beating hence since a "Dhol" sounds on beating so also when you want favorable response from shoodra pahsu and naree just beat them.I humbly submit these intellectuals to think twice before arriving on such a meaning.What will happen when a Dhol is carelessly beaten???Shall not it burst????The meaning of "Taran"undertaken by these intellectuals is from sanskrit root where it conveys DAND[punishment]while the entire Granth is in local dialect.
In local dialect "Taran"conveys meaning "to look after carefully"Hence less intelligent
people like me who are always controversial
in hands of so called impractical intellectuals understands that Goswami Tulsidas is saying that "ganwar,shoodra pashu and naree" must deserve as much care in dealing as deserves the "Dhol" in for music playing"Apparently if someone recklessly beat a "Dhol"there will be no music rather the "Dhol"itself go burst.The next point to understand is that reading literature of Goswami no one can establish that in his personality there can be found any "cruelty"then it is devoid of merit to think that he who is establishing a "naree" as "maata"would be saying to beat her.None of us either at my side or at the other side of river can establish that Goswami has any cruelty towards animals.
This conclusively suggest me that Goswami has conveyed us to treat Shoodra ganwar pashu and naree as carefully as we take care in beating Dhol.
M V Gupta
(Expert) 28 November 2011
I do not subscribe to the view that one slap in a fit of rage or during an alteraction between the spouses constitutes domestic violence. Domestic violence involves several instances of violent behavior and insulting and defaming of the partner before others etc having a delerious effect against the victim jusifiably constitutes DV.
